Commonwealth Consolidated Acts Commonwealth Consolidated ActsProvisions subject to an infringement notice
(1) The following provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a) subsection 46(3);
(b) subsection 47(3);
(c) subsection 113(1);
(d) section 117;
(e) subsection 118(1);
(f) subsection 160(5);
(g) subsection 160(6);
(h) subsection 160(7);
(i) subsection 160(9);
(j) subsection 165(1);
(k) subsection 170(1);
(l) subsection 170(2);
(m) subsection 170(3);
(n) subsection 188(2);
(o) subsection 195(1);
(p) section 197;
(q) subsection 284F(4);
(r) subsection 284S(4);
(s) subsection 300(4);
(t) subsection 300A(1);
(u) subsection 300A(3);
(v) subsection 300A(5);
(w) subsection 300B(2);
(x) section 300C.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following:
(a) a member of the staff of the ACMA authorised, in writing, by the ACMA for the purposes of this subsection;
(b) the Chair of the ACMA;
is an infringement officer in relation to the provisions mentioned in subsection (1).
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to the provisions mentioned in subsection (1).
(4) The relevant chief executive may, in writing, delegate any or all of the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act to a person who is:
(a) a member of the staff of the ACMA; and
(b) an SES employee or an acting SES employee.
(5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive.
Withdrawal of notice
(6) For the purposes of Part 5 of the Regulatory Powers Act, as it applies to the provisions mentioned in subsection (1), if:
(a) an infringement notice has been given to a person under that Part, as it applies to those provisions; and
(b) the relevant chief executive is deciding whether or not to withdraw the infringement notice;
section 106 of that Act has effect as if it provided that, when so deciding, the relevant chief executive may (in addition to the matters set out in paragraph 106(3)(b) of that Act) take into account whether:
(c) the owner of a thing has agreed, in accordance with a forfeiture notice, to forfeit the thing to the Commonwealth; and
(d) the forfeiture notice relates to a contravention that is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention in the infringement notice.
Effect of payment of amount
(7) If:
(a) a person is given an infringement notice for an alleged contravention of a civil penalty provision of this Act; and
(b) the person pays the amount stated in the notice before the end of the period referred to in paragraph 104(1)(h) of the Regulatory Powers Act; and
(c) the notice has not been withdrawn;
the person may not be prosecuted in a court for an offence that is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the notice.
(8) Subsection (7) has effect in addition to section 107 of the Regulatory Powers Act.
External Territories
(9) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.
Geographical application
(10) Sections 16, 17, 17A and 18 have effect as if a reference in those sections to this Act included a reference to Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) of this section.